2019 Intellectual Property Judges Forum

Promoting transnational dialogue among judiciaries

The annual Intellectual Property Judges Forum aims to provide a platform for judges from across the globe to exchange their expertise on the most pressing intellectual property (IP) challenges raised by accelerating innovation and the increasingly transnational use of IP. 

In many countries, judiciaries are on the front line of confronting new IP realities.  Given the rapid pace of the technological and societal transformations that drive the evolution of IP, judges are often tasked with resolving IP questions that have not yet received legislative answers.  How do judges address these challenges?

Following the success of the inaugural IP Judges Forum in 2018, which drew 119 judges from 64 countries, WIPO again invites members of national and regional judiciaries to engage with their global peers on the emerging issues in copyright, trademarks, designs and patents, as well as issues in cross-border disputes in the context of a globalized and digitized IP landscape.

The IP Judges Forum is an annual event organized by the WIPO Judicial Institute as part of the Organization’s work with the judiciaries.

November 13 – 15, 2019

Location: Geneva, Switzerland

Register

Registration is limited to members of the judiciary and of quasi-judicial bodies.

Confirmed speakers

Mohamed Mahmoud Al Kamali
Director General, Institute of Training and Judicial Studies, Abu Dhabi, United Arab Emirates
Goda Ambrasaitè-Balyniene
Judge, Supreme Court of Lithuania, Vilnius, Lithuania
Nurlanbek Atanazarov
Judge, Osh City Court, Kyrgyzstan
Annabelle Bennett
Former Judge, Federal Court of Australia, Sydney, Australia
Colin Birss
Justice, High Court of England and Wales, London, United Kingdom
Stephen Burley
Justice, Federal Court of Australia, Sydney, Australia
Marcelo De Nardi
Federal Judge, Porto Alegre, Brazil
Edgardo Mateo Ettlin Guazzo
Minister, Court of Appeals, Montevideo, Uruguay
Younes Ezzahri
Judge and Director of Judicial Training at the Higher Institute of the Judiciary, Rabat, Morocco
Jeremy Fogel
Executive Director, Berkeley Judicial Institute; Former Director, Federal Judicial Center, United States of America
Dedar Singh Gill
Judicial Commissioner, Supreme Court of Singapore
Hugo Ramiro Gómez Apac
President, Andean Community Court of Justice, Quito, Ecuador
Klaus Grabinski
Judge, Federal Court of Justice, Karlsruhe, Germany
Samuel Granata
Judge, Court of Appeal Antwerp, Belgium, and Benelux Court of Justice, Luxembourg
Louis T.C. Harms
Former Deputy President, Supreme Court of Appeal, Bloemfontein, South Africa
Marc Jaeger
President, General Court of the European Union, Luxembourg
Nadia Kangaloo
Puisne Judge, High Court, Port of Spain, Trinidad and Tobago
Ramziya Khatypova
Judge, Judicial Chamber on Economic Disputes, Supreme Court of the Russian Federation, Moscow, Russian Federation
Ki Woojong
Judge, Seoul High Court, Republic of Korea
Aleh Latyshevich
Judge, Supreme Court, Minsk, Belarus
Marie-Françoise Marais
Former Judge, Court of Cassation, Paris, France
Maria Rowena Modesto-San Pedroé
Associate Justice of the Court of Tax Appeals, Quezon City, Philippines
Max Lambert Ndéma Elongué
President, Court of First Instance, Yaoundé Ekounou, Cameroon
Mehmet Soner Özoğlu
Senior Judge, Turkey
Vittorio Ragonesi
Former Judge, Supreme Court of Italy, Rome, Italy
Mark Schweizer
President, Federal Patent Court, St. Gallen, Switzerland
Manmohan Singh
Chairman, Intellectual Property Appellate Board, New Delhi; Former Judge, High Court of Delhi, India
Shimizu Misao
Former Chief Judge, Intellectual Property High Court, Tokyo, Japan
Takahashi Aya
Judge, Intellectual Property High Court, Tokyo, Japan
Xia Junli
Presiding Judge, IPR Division, Supreme People’s Court of China, Beijing, China

Program

The Forum will consist of panel discussions with a strong emphasis on dialogue and exchange of information among participants.

The full program and list of speakers will be published soon.

Day one – November 13, 2019

Emerging Issues in Copyright, Trademarks, Designs and Patents

Special Address by the Director General

Session 1 – Emerging issues in copyright

  • Copyright infringement by users of social media and intermediary responsibility
  • Defining fair use in new technological settings
  • Use of copyrighted content in educational materials/course packs

Session 2 – Emerging issues in trademarks and designs

  • Eligible subject matter: example of color marks
  • Defense of parody in trademarks and designs

Session 3 – WIPO’s work in the area of the judicial administration of IP

Session 4 – Emerging issues in patents

  • Eligible subject matter: are patents technology neutral?  Examples of computer-related inventions, organisms obtained by gene editing and diagnostic methods
  • Developing appropriate balance between patent quality and investment in technology and the role of the courts

Session 5 – Role of IP in stimulating innovation and economy

Day two – November 14, 2019

Adjudicating Cross-Border IP Disputes

Session 6 – Exhaustion of IP rights and parallel imports

  • TRIPS Agreement, Article 6 and National Approaches
  • International v national exhaustion
  • Exhaustion of moral rights
  • To what extent can contractual restrictions impact on the exhaustion of IP rights?
  • Repackaging requirements for parallel imports

Session 7 – Remedies addressing multi-territorial infringement

  • Cross-border contributory infringements
  • Extra-territorial reach of remedies
  • Site blocking and global de-indexing orders
  • Setting license rates for revenues outside the jurisdiction

Session 8 – IP and private international law

  • Jurisdiction
  • Applicable law
  • Recognition and enforcement of foreign judgments
  • WIPO-HCCH Publication: When Private International Law Meets Intellectual Property Law – A Guide for Judges

Session 9 – IP adjudication through regional courts

  • Role of regional courts in the interpretation of IP laws and harmonization
  • Reconciling national and regional IP judicial systems

Day three – November 15, 2019 (a.m. only)

Social activities